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D.A. to Lindsay -- You're Not a Felon

8/23/2007 5:02 PM PDT BY TMZ STAFF

Lindsay Lohan ChargedTMZ was at the Beverly Hills Courthouse this morning when the L.A. County District Attorney filed criminal charges against Lindsay Lohan. The charges are seven misdemeanors -- NO FELONIES. And, there may be a plea bargain today at 1:30 PM PDT.

Lohan, who was busted twice since Memorial Day weekend, was charged with two counts of driving under the influence. If convicted of both, she'd face a minimum of four days in jail. If a felony were filed, Lohan could have faced several years in state prison.

As to why no felony charges were filed, the DA says Lohan's cocaine traces "were below the .05 grams required by office policy for felony filing."

Sources tell us there were also problems even proving she was in possession of the drug.

Lindsay GalleryAs for the second case, a law enforcement source tells us the manner in which the cocaine was seized was questionable. In addition, the source says the amount of cocaine "didn't meet the threshold for filing."

But there's more to the story: In deciding whether to file felony cocaine charges, the D.A. always looks at the person and the circumstances. In Lohan's case, the fact that she was busted twice in a short period of time actually helped her. It shows someone is struggling with an addiction problem. The fact that each time she was busted, she immediately checked into a rehab facility also helped her case. Also, her age -- 21 -- and the fact that her upbringing was extremely unstable -- also worked in her favor.

One law enforcement source put it this way: "Prosecutors in this county see a lot of kids in crisis. There are lots of kids struggling with addiction. The first sign of trouble usually involves a car. We're not going to throw every one of them in prison. It doesn't make sense."



327 COMMENTS

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16.

Malteselover    

That sounds like a bunch of BS to me.

2585 days ago
17.

Deb    

I offically give up completely on the legal system!

2585 days ago
18.

rachel    


Remind me to get this deal if ever I get pulled over and charged.....

2585 days ago
19.

Mimi    

That is BS

2585 days ago
20.

Julie    

I GUESS I NEED TO MOVE TO L.A. SO I CAN BE JUST HER LOHAN THAT IS WHAT IS WRONG WITH THIS WORLD...

I HOPE ONE DAY THAT LOHAN, PARIS OR ANYONE ELSE WHO ACTS LIKE THIS KILLS SOMEONE IN YOUR FAMILY MAYBE YOU WILL THINK ABOUT DOING SOMETHING ABOUT IT THE NEXT TIME, BUT I GUESS FOR NOW THEY WILL GET TO GO HOME.

THANKS TO THE D.A

2585 days ago
21.

peta sucks arse    

it sure pays to be a white, rich, american these days!
God forbid if this were a minority, she'd be doing time underneath the jail.

2585 days ago
22.

bk    

Typical Slap on the Wrist for the Rich & Famous, wonder who got the pay off.

2585 days ago
23.

stop the madness    

This is a shame boycott this trash!protest

2585 days ago
24.

Tangie    

Let's hope she doesn't kill someone in the DA's family....boy, wouldn't he look stupid then? And she will kill someone.

2585 days ago
25.

jpc    

By this way of thinking, serial murderers should get less time than the one-time killer.
And if you ever get busted for drugs, go right back out there and get caught at again, real quick!

2585 days ago
26.

Naples    

You're all just jealous that your not rich and famous. Now that I am.........I'll let the cat out of the bad. I hooked up with her in 2005 and she's hot. Miss ya babe!!

2585 days ago
27.

Magan    

What a freakin joke this system is. This sends a real good message to the younger people and to celebrites. This is not right. Lindsay should do the time but she won't. She'll get early or she won't even have to stay, if she choses the prison that Paris was in.

2585 days ago
28.

shockedbysander    

What about
1. The foot she ran over?
2. The car she took without premssion?
3. The people she held captive?
4. The lives she indangered?
5. The people she chased and assaulted?

2585 days ago
29.

bethany    

So people who commit more crimes close together get off the hook?

Is it any wonder that so many people are getting hurt or injured by drunk or drugged drivers when the COURT SYSTEM helps these criminals hurt people?

It is NOT up to the court system to be worrying about "rehab." Their job is to punish criminal!

2585 days ago
30.

Democrats are evil    

L.A. Justice system should be held liable for any future damages or injury caused by this individual. The public has spoken loudly but they as Democrats ignore them as usual protocol. They as just too busy and have too much work to do, don't you know that. The DA and court systems hide behind the laws they create so they share no responsibility in their lack of action. Somebody must die first before they use common sense. Morons.

2585 days ago
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